[2025:RJ-JP:22561] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 993/2025 in S.B. Criminal Appeal No. 1300/2025 Mahesh Son Of Roop Singh, Aged About 25 Years, R/o Agarri Police Station Sadar Karauli District Karauli (Raj) (At Present Confined In District Jail Karauli) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Rajveer Singh For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 28/05/2025 1. The instant application for suspension of sentence is preferred by appellant - Mahesh Son Of Roop Singh in pending appeal filed aggrieved from order of conviction and sentence dated 08.05.2025 in Sessions Case No. 102/2021 passed by learned Special Judge, NDPS Act cases, Karauli whereby appellant was convicted for offence under Section 8/21 of NDPS Act and sentenced accordingly. 2. Learned counsel for appellant submits that appellant is an innocent person and he was falsely implicated by police. He also submitted that the search seizure officer Ramkesh was posted as ASI, P.S. Sadar, District Karauli who is not authorized to conduct [2025:RJ-JP:22561] (2 of 4) [SOSA-993/2025] search and seizure under Section 42 of NDPS Act. He further submitted that in the instant case the mandatory provision of law were not followed at the time of search proceedings. He also referred the discrepancies in the cross-examination of witnesses and submitted that all witnesses are police officials and no independent witness was procured by police before initiating any process. He further submitted that the recovered articles were not produced before the trial court and there is no link evidence to establish that sample was deposited to FSL. At last, he submitted that this appellant was on bail during trial and he has not misused the liberty granted to him and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from concerned police station with custody certificate and same are taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of search and seizure after interception on 20.12.2020 6 gram 50 milligram smack (heroin) was recovered from the possession of appellant accused. After proceedings FIR no. 321/2020 under Section 8/21 of NDPS Act was registered at P.S. Sadar, District Karauli. After investigation police has filed a charge-sheet against the appellant. After framing the charge the prosecution has examined 11 witnesses and exhibited 33 documents. Accused was examined under Section 313 Cr.P.C. but he has not submitted any defence evidence. The appellant [2025:RJ-JP:22561] (3 of 4) [SOSA-993/2025] accused was convicted under Section 8/21 of NDPS Act and further sentenced to undergo rigorous imprisonment of 7 years with fine of ₹50,000/-. The appellant accused was on bail during trial. There is one more case relating to IPC offence against the appellant. The disposal of appeal will take its own time. 6. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 7. Therefore, without expressing any opinion on merits, considering the fact that recovered quantity is less than commercial quantity but little higher than small quantity, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Mahesh Son Of Roop Singh is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 10.09.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. [2025:RJ-JP:22561] (4 of 4) [SOSA-993/2025] 2. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant(s) changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 8. Misc. Application stands disposed of. 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /34(SOSA)